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Resolved, That the Treasurers be directed to pay Mr. Price the sum of 16,000 Dollars, in specie, in part of the sum ordered to be advanced to him and Mr. Haywood.
Resolved, That the further consideration of the Report be postponed, and that the Committee who brought in the Report be directed to inform Mr. Price of the Resolution passed.
Congress proceeded to the election of a Chief Engineer, in the Continental Army in Canada. The ballots being taken and examined, Major Elias Wrixon was elected.
Resolved, That Mr. Wrixon have the rank of Colonel in the Continental Army.
A Petition from Colonel James Easton was presented to Congress, and read:
Resolved, That it be referred to a Committee of three.
The Members chosen, Mr. Braxton, Mr. Duane, and Mr. Alexander.
Resolved, That the Assemblies, Conventions, and Committees or Councils of Safety of the Colonies respectively, in which Prisoners are or shall choose, or be appointed to
registry of the Court of Admiralty wherein such ship or vessel may be proceeded against in order to condemnation; but that such only of the said books, papers, and writings, shall be made use of and translated, as shall be agreed or insisted upon by the proctors of the several parties, captors or claimants, or, in case of no claim, by the captor or register, to be necessary for ascertaining the property of such ship or vessel, and the cargo thereof, and the destination of the voyage.
VIII. And be it further enacted by the authority aforesaid, That all such captures as aforesaid, which shall be brought into any of his Majestys dominions in America, in order to he proceeded against to condemnation in any of his Vice-Admiralty Courts, shall, without breaking bulk, stay there, and be under the joint care and custody of the Collector and Comptroller of the Customs, or, where there is no Comptroller, of the Naval Officers of the port or place where the same shall be brought, and all the captors thereof, and their agents, subject to the directions of the Court of Vice-Admiralty, until either the same shall, by final sentence, have been either cleared and discharged, or adjudged and condemned as lawful prize, or that such interlocutory order as aforesaid shall have been made for the releasing or delivering of the same unto such person or persons, and to be so divided and disposed of, as his Majesty, his heirs and successors, shall, by proclamation or proclamations hereafter to be issued for those purposes, order and direct.
IX. Provided always, and it is hereby further enacted by the authority aforesaid, That no captures which shall be taken by virtue of this act shall be carried into any of the Colonies or Plantations in America herein-before particularly mentioned, during and so long time as such Colonies or Plantations respectively shall continue in a state of rebellion.
X. And be it further enacted by the authority aforesaid, That if any Judge or Judges, or other officer or officers, in any of his Majestys Colonies or dominions abroad, to whom respectively it shall appertain, shall delay the doing, performing, making, or pronouncing any of the several proceedings, matters, or things, for, towards, or relating to, condemning or discharging, releasing, or delivering, of any such capture in manner aforesaid, within the respective times herein-before limited, or as soon as the same ought to be done, according to the tenour and true meaning of this act, all and every such Judge and Judges, and other officer and officers, shall, for every such offence, forfeit the sum of five hundred pounds; one moiety thereof to his Majesty, his heirs and successors, and the other moiety thereof, with full costs of suit, to such person or persons who shall inform or sue for the same, in any of his Majestys Courts in any of his Colonies or dominions wherein such offence shall be committed.
XI. And be it further enacted by the authority aforesaid, That no Register or Deputy Register, nor any Marshal or Deputy Marshal, of or belonging to any of his Majestys Courts of Admiralty or Vice-Admiralty whatsoever, shall either directly or indirectly, by himself or themselves, or by any agent or agents, or other person or persons whatsoever, act or be concerned in any manner, either as an advocate or proctor, in any cause, matter, or business whatsoever, that shall be depending in any such Court or Courts of Admiralty, to which such Register, Deputy Register, Marshal, or Deputy Marshal, shall then belong; and that every Register, Deputy Register, Marshal, or Deputy Marshal, who shall be guilty of such offence, (being thereof lawfully convicted, either upon an information or indictment,) shall from thenceforth absolutely forfeit his respective office and employment of Register, Deputy Register, Marshal, or Deputy Marshal, in and belonging to the same Court.
XII. And be it further enacted by the authority aforesaid, That there shall not be paid unto or among all the Judges and officers of any Court of Vice-Admiralty in any of his Majestys dominions, for, towards, or relating to, the adjudging or condemning of such capture as aforesaid, as lawful prize, above the sum of ten pounds, in case such prize-ship or vessel be under the burthen of one hundred tons, nor above the sum of fifteen pounds, in case the same be of that or any greater burthen; and that, upon payment of either of the said respective sums, as the case shall require, to the said Judge or Judges, or any of them, to be by him or them disposed or divided, as he or they shall think fit, among the officers of such Court, such Judges and officers, and every of them, shall be liable to all and every of the several penalties hereby imposed for neglecting or delaying to do and perform their several and respective duties or offices in and relating to the several proceedings aforesaid, within the respective times herein for that purpose limited.
XIII. Provided nevertheless, and it is hereby further enacted by the authority aforesaid, That if any captor or captors, claimant or claimants, shall not rest satisfied with the sentence given in such Court of Vice- Admiralty in any of his Majestys dominions, it shall and may be lawful for the party or parties thereby aggrieved to appeal from the said Court of Vice-Admiralty to Commissioners appointed, or to be appointed, under the great seal of Great Britain, for receiving, hearing, and determining appeals in causes of prizes, so as the same be made within fourteen days after sentence, and good security be likewise given by the appellant or appellants, that he or they will effectually prosecute such appeal, and answer the condemnation, and also pay treble costs, as shall be awarded in case the sentence of such Court of Vice-Admiralty be affirmed; provided that the said captor or captors, claimant or claimants, do, within six months after sentence passed, give notice to the said Court of Vice-Admiralty that they have appealed from such decree to the said Commissioners.
XIV. Provided always, and it is hereby further enacted by the authority aforesaid, That the execution of any sentence so appealed from as aforesaid, shall not be suspended by reason of such appeal, in case the party or parties appellate shall give sufficient security, to be approved of by the Court in which such sentence shall be given, to restore the ship, vessel, goods, or effects, concerning which such sentence shall be pronounced, or the full value thereof, to the appellant or appellants, in case the sentence so appealed from shall be reversed.
XV. And be it further enacted by the authority aforesaid, That in case any person who was not a party in the first instance of the cause, shall interpose in an appeal from a sentence given in any Vice-Admiralty Court, such person, or his or her agent, shall at the same time enter his or her claim, otherwise such appeal shall be null and void.
XVI. And be it further enacted by the authority aforesaid, That if any commander or commanders, officer or officers, seamen, marines, soldiers, or others, shall break bulk on board, or embezzle any of the money, jewels, plate, goods, merchandise, tackle, furniture, or apparel, of or belonging to such prize or prizes so taken, such commander, officer, seaman, marine, soldier, or others, shall forfeit treble the value of all such money, jewels, plate, goods, merchandise, tackle, furniture, or apparel, as he or they shall embezzle; one-third part thereof to be to the use of Greenwich Hospital, and the other two-third parts thereof to him or them who shall sue for the same, by action of debt, bill, plaint, or information, in any court of record in Great Britain, in which no essoin, protection, or wager of law, or more than one imparlanee, shall be allowed.
XVII. And be it further enacted by the authority aforesaid, That all appraisements and sales of any ship or ships, goods, wares, or merchandises, as shall be taken as prizes, shall be made by agents, or persons nominated and appointed in equal numbers by the flag officers or flag officer, captains or captain, officers or officer, ships companies or ships company, and others entitled thereunto; (that is to say,) that if the flag officers or flag officer of any fleet or squadron of ships as shall take any such prize or prizes, or the majority of such flag officers (if more than one) shall nominate and appoint one or more person or persons, agent or agents, to sell or appraise the same as aforesaid, then the captains and commanders, or captain or commander, entitled thereunto, or the majority of them, (if more than one,) shall nominate and appoint the like number of persons or agents to act for them; and all the other officers under the degree of a captain and commander entitled thereto, or the major part of them, shall also nominate and appoint the like number of persons or agents to act for them; and all the crews of the several ships companies of the fleet or squadron, or ships company, and others entitled thereto, or the major part of them, shall likewise nominate and appoint the same number of persons or agents to act in their behalf in such appraisement or sale.
XVIII. And be it further enacted by the authority aforesaid, That all and every person or persons who shall be nominated and appointed agent or agents as aforesaid, for any prize or prizes to be taken by any ship or ships, vessel or vessels of war, and which prize or prizes shall be condemned in the High Court of Admiralty in Great Britain, or in any of the Courts of Vice-Admiralty in any of his Majestys dominions where the said prize or prizes, and every of them, shall be condemned, shall exhibit and cause to be registered in the said High Court of Admiralty, or in the respective Courts of Vice-Admiralty in any of his Majestys dominions where the said prize and prizes, and every of them, shall be condemned, his or their respective letter or letters of attorney, appointing him or them agent or agents for the purposes aforesaid; and if any person or persons so appointed agent or agents as aforesaid, shall refuse or neglect so to do, for the space of sis calendar months next after sentence of condemnation of any prize shall be given in the said High Court of Admiralty in Great Britain, or in any Vice-Admiralty Court in his Majestys dominions for the care and distribution of which he or they shall be appointed agent or agents, such person or persons so refusing or neglecting, shall forfeit the sum of five hundred pounds, to be recovered by him or them who shall sue for the same, by action of debt, bill, plaint, or information, in any court of record in Great Britain, or in any other of his Majestys dominions, in which no essoin, protection, or wager of law, or more than one imparlance, shall be allowed.
XIX. Provided always, That if any agent or agents shall be appointed after the time any sentence of condemnation in any of the said Courts of Admiralty or Vice-Admiralty shall be given, such agent or agents shall, under the aforesaid penalty, register, or cause to be registered, in manner aforesaid, his or their respective letter or letters of attorney, appointing him or them agent or agents as aforesaid, within the space of six calendar months after the date of the said letter or letters of attorney.
XX. And be it further enacted by the authority aforesaid, That after the sale or sales of any prize or prizes which shall be taken in pursuance or by virtue of this act, publick notification or notifications shall be given and published in such manner as is herein-after particularly mentioned; (that is to say,) if the prize or prizes shall be condemned in his Majestys High or other Court of Admiralty in Great Britain, then the person or persons, agent or agents, to be appointed in pursuance of this act, for the appraisement and sale of such prize or prizes, shall insert and publish, or cause to be inserted and published, such notification under his or their hand or hands respectively in the London Gazette, and if condemned in any Court or Courts of Admiralty or Vice-Admiralty in any other of his Majestys dominions, then such person or persons, agent or agents, as aforesaid, shall insert and publish, or cause to be inserted and published, such notifications, under his or their hand or hands respectively, in the gazette, or some other newspaper of publick authority, of the island or place where the prize or prizes shall be condemned; and if there shall be no gazette or such other newspaper published there, then in some or